Colorado · Unpaid personal loan

Unpaid personal loan in Colorado small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Colorado, small-claims cases are heard in the Small Claims Court (a division of the County Court) and you can sue for up to $7,500.

Good to know: Small claims is a division of the County Court. The official forms and guide refer to it as "Small Claims Court" and the case is filed in the county where a defendant resides, is regularly employed, has a business office, or is a student (or, for restrictive-covenant or security-deposit disputes, where the real property is located). Cases are heard by a magistrate or judge; no jury trials are allowed.

Unpaid personal loan: steps that matter

  1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
  2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
  3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
  4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
  5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Notice, Claim, and Summons to Appear for Trial (Form JDF 250) in Colorado

  1. Complete Form JDF 250. Fill out the Notice, Claim, and Summons to Appear for Trial (JDF 250), identifying the names and addresses of the plaintiff(s) and defendant(s) in the caption, answering all four questions Yes or No, and writing a brief description of your claim including what you are claiming and the amount requested. If a defendant is a business or entity, look up its registered agent at coloradosos.gov. Complete all 4 parts (7 pages). Do not attach exhibits to the form. Per the guide: "JDF 250 is the initial form that you will need to file a Small Claims Case."
  2. File the form with the county court and pay the filing fee. Take the completed JDF 250 (all four parts / 7 pages) to the clerk's counter in the county court in the proper county and pay the nonrefundable filing fee ($31.00 for claims of $500 or less; $55.00 for claims over $500 up to $7,500). The court completes the section setting the trial date and time. If you cannot afford the fee, file a Motion to File Without Payment and Supporting Financial Affidavit (JDF 205).
  3. Serve the defendant. Have each defendant served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be made by any person 18 or older who is not a party, by a sheriff or process server, or by certified mail mailed by the clerk (you prepay the certified-mail cost, roughly $5.00 to $15.00). File the completed Affidavit of Service with the court before or on the trial date.
  4. Attend mediation (if required) and the trial. Some small claims courts require mediation before or on the trial date; the parties may reach a stipulation (JDF 75). If no agreement is reached, appear at the scheduled trial with all evidence and witnesses. A magistrate or judge decides the case; jury trials are not allowed.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Debt on a contract or account: 6 years (C.R.S. § 13-80-103.5)

Answering a lawsuit: On or before the scheduled trial date

Serving the defendant: The defendant must be served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be by any non-party who is 18 or older, by a sheriff or process server, or by certified mail mailed by the clerk (prepay cost). An Affidavit of Service must be filed with the court before or on the trial date.

Appeals: A party who wishes to appeal must file a notice of appeal within 14 days of the judgment and proceed under C.R.C.P. 411. The appeal goes to the district court in the same county; the appellant must give the appeal paperwork to the county court within 14 calendar days of the decision, and file a copy of the Notice of Appeal and Designation of Record in the district court within 35 days.

All Colorado small-claims deadlines

The table below lists the filing deadlines Small Claims Court (a division of the County Court) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Claim typeFiling deadline
Contract (C.R.S. § 13-80-101)3 years
Debt on a contract or account (C.R.S. § 13-80-103.5)6 years
Property damage (C.R.S. § 13-80-102)2 years (3 years if motor-vehicle related)
Personal injury (C.R.S. § 13-80-102)2 years (3 years if motor-vehicle related)

Colorado small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Court (a division of the County Court). Download and complete them before filing.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Colorado Judicial Branch - Small Claims or County Civil Appeal (self-help). Last reviewed 2026-06-23.